Our client was employed as a nurse and was assisting another staff member in transferring a patient. The patient she was assisting was quite difficult and suffered from mental illness, she was transferring the patient onto a bed with the assistance of a pelican belt. As the patient was being lifted, they became agitated, pushing our client and causing injury to her shoulder.
The solicitors at Gerard Malouf and Partners initially assisted this client in making a lump sum claim. This is essentially a claim for the nature of the injury. It is assessed on a threshold basis, being known as the whole person impairment assessment, and if you are assessed as having an 11% or greater whole person impairment assessment, you are entitled to a lump sum claim for you injuries. This lady was assessed and was found to have a 15% whole person impairment and accordingly a lump sum settlement of $22,000.00 was agreed upon.
Having reached the 15% threshold, the solicitors at Gerard Malouf and Partners determined that there was a degree of negligence on behalf of the employer in how the injury occurred. An impairment of 15% or greater allows an injured worker to make a claim for negligence against their employer, and is a claim for economic loss. It is known as a Work Injury Damages claim.
Having been more than satisfied with the result obtained in the lump sum claim, our client decided she wanted us to act for her in a claim for negligence. Ultimately, this matter was taken to mediation, whereby the client, her solicitor and barrister, negotiated a more than reasonable settlement with the insurer for an amount of $200,000.00. This settlement amount was clear of any payback of prior weekly payments, which had totalled $70,000.00. By negotiating a settlement which did not include the payback of any weeklies, essentially the solicitors at Gerard Malouf and Partners saved our client a further $70,000.00.
This type of workplace incident is a constant occurrence within hospitals and nursing homes. If you or anyone you know has suffered from an injury whilst assisting a patient, you may be entitled to workers compensation. Please do not hesitate to contact the experienced workers compensation solicitors at Gerard Malouf and Partners for a free consultation.